Federal Agencies, Agency Memos & Announcements

ICE Creates Program for Local Law Enforcement to Honor Immigration Detainers

5/6/19 AILA Doc. No. 19050633. Removal & Relief

ICE created the Warrant Service Officer (WSO) program designed for local law enforcement that wish to honor immigration detainers but are prohibited due to state and local policies that limit cooperation with the agency. The new procedure was prompted by requests from the National Sheriffs' Association and the Major County Sheriffs of America, which asked for a program limited in scope that would allow jurisdictions prohibited from honoring immigration detainers to cooperate with ICE.

From the press release:

"Once a WSO officer serves an administrative warrant and executes an arrest on behalf of ICE, the agency has 48 hours to conduct a transfer of custody unless an Intergovernmental Service Agreement exists. If ICE does not take the alien into custody within 48 hours, the individual must be released. WSO officers will only make arrests within the confines of the jail at which they work, and ICE will still issue immigration detainers with partner jurisdictions.

The WSO derives its authority from section 287(g) of the Immigration and Nationality Act, but unlike the 287(g) program, WSO officers will not question individuals about their citizenship, alienage or removability, nor will they process aliens who are unlawfully present in the United States."

Download this Document
Cite as AILA Doc. No. 19050633.

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